ARCHIVED -  Decision CRTC 95-707

Decision

Ottawa, 2 October 1995

Decision CRTC 95-707

Canadian Broadcasting Corporation

Labrador City/Wabush, Newfoundland
- 950905000

New FM radio programming undertaking

Following a Public Hearing held in the National Capital Region on 17 July 1995, the Commission approves the application for a licence to carry on an English-language FM radio programming undertaking at Labrador City/Wabush on the frequency 96.3 MHz, channel 242A, with an effective radiated power of 255 watts.

The Commission will issue a licence expiring 31 August 2001, subject to the conditions specified in this decision and in the licence to be issued.

The licence term granted herein, while less than the maximum of seven years permitted under the Broadcasting Act, will enable the Commission to consider the renewal of this licence in accordance with the Commission's regional plan for CBC radio programming undertakings.

The Commission notes that this FM radio programming undertaking will replace the current AM radio programming undertaking CBDQ, and will continue to broadcast programs received from CFGB-FM Happy Valley/ Goose Bay as well as five hours of local programming per week. The CBC has indicated that the new FM transmitter will provide a better quality signal to its listeners at lower operating costs. The CBC has also indicated that it intends to shut down its AM transmitter within twelve months of the date on which the new transmitter becomes operational. During this twelve-month transition period, the CBC will simulcast on CBDQ the programming of the new FM station. The Commission expects the CBC to cease the operation of CBDQ within this time frame and to inform listeners of the changes herein approved.

The Commission notes that the use of this FM frequency is consistent with the guidelines set out in Public Notice CRTC 1985-142 dated 9 July 1985.

It is a condition of licence that the Corporation not broadcast any commercial message of Category 5 (Advertising) except

a) during programs that are available to the licensee only on a sponsored basis, or

b) as required to fulfil the requirements of the legislation of the Parliament of Canada pertaining to elections, or

c) in communities where there is no other programming undertaking broadcasting in the same language.

It is a condition of licence that 50% or more of the category 2 music selections broadcast each broadcast week be Canadian and that these selections be scheduled in a reasonable manner throughout the broadcast day.

It is a condition of licence that 20% or more of the category 3 music selections broadcast each broadcast week be Canadian.

It is a condition of licence that the licensee adhere to its "Revised CBC Guidelines on Sex-Role Portrayal" dated 12 August 1991 as amended from time to time and approved by the Commission and, as a minimum, to the CAB's "Sex-Role Portrayal Code for Television and Radio Programming", as amended from time to time and approved by the Commission.

In Public Notice CRTC 1992-59 dated 1 September 1992 and entitled "Implementation of an Employment Equity Policy", the Commission announced that the employment equity practices of broadcasters would be subject to examination by the Commission. In the case of the CBC, the Commission has reviewed these matters in detail at the public hearing held in connection with the renewal of the CBC's television network licences, and it is satisfied with the CBC's commitments in this area.

This approval is subject to the requirement that construction of the undertaking be completed and that it be in operation within twelve months of the date of this decision, or where the CBC applies to the Commission within this period and satisfies the Commission that it cannot complete construction and commence operations before the expiry of this period and that an extension is in the public interest, within such further periods of time as are approved in writing by the Commission.

Should construction not be completed within the period stipulated in this decision or, should the Commission refuse to approve an extension of time requested by the CBC, the authority granted shall lapse and become null and void upon expiry of the period of time granted herein or upon the termination of the last approved extension period.

The Department of Industry has advised the Commission that this application is conditionally technically acceptable, and that a Broadcasting Certificate will only be issued once it has been determined that the proposed technical parameters will not create any unacceptable interference with aeronautical NAV/COM services.

In accordance with subsection 22(1) of the Broadcasting Act, the Commission will only issue the licence and the authority granted herein may only be implemented at such time as written notification is received from the Department of Industry that its technical requirements have been met, and that a Broadcasting Certificate will be issued.

Allan J. Darling
Secretary General